UAE Maternity Leave: Legal rights for miscarriage and stillbirth, what women need to know

Dubai: For working women in the UAE, maternity leave is a necessity to ensure they receive the time to recover and care for their newborns. However, this period can sometimes be marred by pregnancy-related complications, miscarriage, or stillbirth, which raises important questions about the rights employees are entitled to during such painful times.

According to legal experts that spoke to Gulf News, the UAE Labour Law – Federal Decree-Law No. (33) of 2021 – outlines maternity leave provisions, including support for miscarriage and stillbirth, ensuring that women are cared for during these difficult circumstances. Additionally, separate regulations in free zones offer further support for women, ensuring comprehensive coverage across the UAE.

The Article 30 of the UAE Labour Law grants pregnant female employees (excluding those working in the DIFC and ADGM free zones) a statutory maternity leave of at least 45 calendar days at full pay, followed by an additional 15 calendar days at half pay. In certain cases, such as when a newborn requires continuous medical care, employees may be entitled to additional leave.

According to Emily Daly, employment associate at Stephenson Harwood Middle East LLP, the UAE Labour Law also provides maternity leave entitlements for employees who experience a miscarriage or stillbirth.

"If a female employee has been pregnant for at least six months and experiences a stillbirth or if her newborn passes away, she is entitled to full maternity leave and pay," Daly said.

While the law does not specify how soon after birth the baby must pass away for these entitlements to apply, Daly emphasised that employers are encouraged to handle such situations with sensitivity and compassion, regardless of the timeframe of the loss.

In addition to maternity leave, Daly highlighted that UAE law provides bereavement leave for the loss of a child, which should be granted separately. In practice, some employers may offer additional discretionary paid or unpaid leave in such circumstances.

Pregnant employees experiencing health complications before giving birth may take sick leave if they qualify, even if the illness is pregnancy-related. "An employee taking sick leave for a pregnancy-related reason close to the expected delivery date will not automatically trigger the start of her maternity leave," Daly noted.

Following childbirth, if an employee is medically unfit to resume work after exhausting her maternity leave due to complications from pregnancy or delivery, she may be eligible for additional leave. "This extended leave is unpaid, but some employers may allow employees to utilise any remaining paid sick leave entitlement instead," she added.

The maternity leave policies in the Abu Dhabi Global Market (ADGM) and Dubai International Financial Centre (DIFC) differ from the UAE Labour Law.

ADGM recently introduced amendments to its employment regulations, effective April 1, 2025. "The new regulations stipulate that expectant mothers who experience a stillbirth or miscarriage after the start of their 24th week of pregnancy will be entitled to statutory maternity leave," said Thenji Moyo, partner at Gateley UK LLP (DMCC Branch)

In contrast, the DIFC Employment Law does not include specific provisions for miscarriage or stillbirth. However, Moyo explained that many employers within the DIFC establish internal company policies that grant employees time off in such circumstances.

Article 30 of the UAE Labour Law (which applies to free zones other than DIFC and ADGM) allows female employees to take up to 45 calendar days of unpaid leave if they experience illness due to pregnancy or childbirth. "These entitlements are in addition to the statutory maternity leave of 60 calendar days. Depending on the circumstances, employees may take a maximum of 165 days of maternity leave," Moyo explained.

Both legal experts emphasised to Gulf News that employers in the UAE are encouraged to support employees navigating maternity leave, miscarriage, or stillbirth with compassion, ensuring compliance with legal provisions while also considering discretionary leave policies to accommodate individual circumstances.